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2013 DIGILAW 2178 (MAD)

Ayyappan v. Sub-Inspector of Police Krishnagiri

2013-06-25

M.JAICHANDREN, M.M.SUNDRESH

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JUDGMENT M. Jaichandren, J. 1. This habeas corpus petition has been filed praying that this Court may be pleased to direct the respondents to secure the petitioner's wife, namely, Sivaranjani, aged about 18 years, and produce her before this Court and set her at liberty. 2. The petitioner has stated that he is working as a job contract Tailor and is also carrying on agricultural activities in his village, namely, Samatchikottai, Uthangarai Taluk, Krishnagiri District. He had further stated that, on 24-02-2009, he had married the detenue, as per Hindu Rights and Customs. However, the parents of the detenue had claimed that the detenue is a minor and therefore, the alleged marriage of the detenue, with the petitioner, is illegal. In such circumstances, the mother of the detenue had lodged a complaint before the first respondent-Police. Thereafter, the detenue had been produced before the learned Judicial Magistrate, Uthangarai, and she had been sent to the second respondent-Home, as she was found to be a minor. 3. Today, when the matter had been listed for hearing, the detenue was present before this Court, along with her parents. On enquiry, she had submitted that she is a major, as per the certificate issued by the Registrar of Births and Deaths, Tirupattur Municipality, Vellore District. However, she had submitted before this Court that she is willing to go along with her parents and live with them, at Uthangarai Village, Krishnagiri District. In view of the said submission made by the detenue, we find it appropriate to permit the detenue to go along with the parents and to live with them, as per her wish. 4. In such circumstances, the second respondent is directed to permit the detenue to go along with her parents namely, Paramathma and Vasanthi. 5. In view of the above, as no further orders are necessary, the habeas corpus petition stands closed.